Human rights pay price of cost curbs

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Latest Briefings

Consultation on two new consumer credit policies

By Rob Aberdein Following on from the recent budget, HM Treasury has published a consultation on two new consumer credit policies. The consultation builds upon the Government’s call for evidence which was concluded in January 2018 and on existing successful practice in the Scottish Debt Arrangement Scheme (DAS).  The consultation offers businesses and organisations on both […]

Application of QOCS to defendants counterclaiming in personal injury

By Rebecca Livesey In County Courts around the country over the past year, it has become ‘fashionable’ to argue over the meaning of the word “proceedings” in CPR r.44.13. The essential question is whether a Defendant, by virtue of bringing a counterclaim including personal injury, is afforded QOCS protection against the Claimant such that any orders […]

One rating assessment to be applied to neighbouring floors occupied by same business

By Matthew Forrest Businesses operating across different floors of a building, or other separate but neighbouring units, are now more likely to have their premises assessed together for business rates. The Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018 came into force on 1 November 2018.  The Act delivers on the […]

Austria adopts new environmental package

By Sandra Kasper, Philipp Strondl  On 25 October 2018 Parliament adopted a new comprehensive environmental package comprising: the Aarhus Participation Act; an amendment to the Environmental Impact Assessment Act; and an amendment to the Federal Environmental Liability Act.

Blog – Childbirth and primary victim claims for mothers

By John de Bono This is the clear takeaway from Whipple J’s powerfully reasoned judgment in YAH v. Medway Foundation Trust, judgment 5th November 2018. The facts are typical of many cerebral palsy cases. The Claimant’s daughter was born after a negligent delay in intervention in the face of signs of fetal distress. The Claimant […]

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Plans to reward lawyers for rural work

The government could pay lawyers bonuses to work in remote areas under the new contract scheme, said Geoff Hoon, Minister of State at the LCD. Hoon told The Lawyer that the system of only using lawyers contracted to the new Legal Services Commission, introduced in the Access to Justice Bill, would give the Government the […]

Go global, but think local

Baker & McKenzie’s London managing partner, Russell Lewin, has been wondering why law firms took so long to get on the global trail. Russell Lewin is managing partner of Baker & Mckenzie’s London office. Linklaters should be congratulated on its march into Europe, in alliance with firms from Germany, Belgium, Sweden and the Netherlands. It […]

Shop incompetent sole practitioners, says SPG

The chairman of the Sole Practitioners Group (SPG) has called on its members to shop fellow sole practitioners who provide an “incompetent, not to say negligent” service. Fay Landau, writing in Solo – the SPG’s quarterly magazine for its 5,000 members – said that because of the need to reduce the massive cost of indemnity […]

Law centre first victim of franchising deadline

A Catch 22 situation has placed North Lewisham Law Centre in danger of becoming the first victim of the deadline for legal aid franchising – condemned as “too tight” by legal aid practitioners and the Law Society. The centre has not yet applied for a franchise – the deadline for which is 31 December – […]

Summary judgments in the dock

Barry Samuels says that too many summary judgments are being obtained in cases where there is a real and arguable defence to the plaintiff’s claim. The summary judgment procedure is over-used and widely abused, yet there is a place for it. The purpose is to enable a plaintiff to obtain judgment without trial where there […]

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